ORDER :

This petition is filed under Section 482 of the Code of Criminal Procedure (“‘the Code” for the sake of brevity) challenging the order dated 23.03.2023 in CMP No.961/2023 on the file of the Additional Sessions Judge-I, Thiruvananthapuram. By the order impugned, the learned Additional Sessions Judge allowed the application filed by the learned Public Prosecutor under Section 36A(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act” for brevity) and allowed the detention of the accused for a further period of 180 days.

2. Sri. Santhosh, the learned counsel appearing for the petitioner, submitted that the order passed by the learned Additional Sessions Judge cannot be sustained under law. Relying on the law laid down by the Apex Court in Sanjay Dutt v State through the C.B.I. Bombay, (1994) 5 SCC 410 and Jigar @ Jimmy Pravinchandra Adatiya v. State of Gujarat, 2022 SCC Online SC 1290, it is submitted by the learned counsel that it was mandatory for the Court of Sessions to inform the accused as regards the filing of an application under Section 36A(4) of the NDPS Act for extension of period and also to insist for the presence of the accused at the time when